You should also consider going to the county recorder and/or probate court yourself and finding out how your brother had the authority to sell the home in the first place. If he was on the property as a joint tenant with right of survivorship, then the property became his on the death of your mother and was not subject to a will and/or trust. If it was titled in the estate and he was the executor, then your should have been notified every step of the way. The same is true for a trust.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Please contact an attorney. If the will was probated through the court you should have received notice as an heir. The longer you wait the more likely the money your brother received will be gone and you will never see a penny.
Agreed. It might be that the home was upside down and he did what he thought best, however, it is important for you to get to the bottom of it asap.
Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.